Kenneth Smith, Jr., and Geraldean Smith, as Co-Special Administrators of the Estate of Mark Anthony Smith V…

Summary

The court held that the civil division of the circuit court erred by disregarding a probate-division nunc pro tunc order that established the administrators’ appointment before they filed the wrongful-death complaint. Because the civil division lacked authority to invalidate or ignore that probate order, the summary judgment based on lack of standing and the statute of limitations could not stand. The court reversed and remanded.